WEST VIRGINIA CODE

WVC 18 - 10 C- 1
§18-10C-1. Approval of compact.
The following compact is hereby approved and ratified, and
the state of West Virginia is hereby declared to be a party
thereto, subject to the approval of other states now parties to
the compact, and all agreements, covenants and obligations
therein shall be binding upon the state of West Virginia.
The Southern Regional Education Compact

Whereas, The states who are parties hereto have during the
past several years conducted careful investigation looking toward
the establishment and maintenance of jointly owned and operated
regional educational institutions in the southern states in the
professional, technological, scientific, literary and other
fields, so as to provide greater educational advantages and
facilities for the citizens of the several states who reside
within such region; and

Whereas, Meharry Medical College of Nashville, Tennessee,
has proposed that its lands, buildings, equipment, and the net
income from its endowment, be turned over to the southern states,
or to an agency acting in their behalf, to be operated as a
regional institution for medical, dental and nursing education
upon terms and conditions to be hereafter agreed upon between the
southern states and Meharry Medical College, which proposal,
because of the present financial condition of the institution,
has been approved by the said states who are parties hereto; and

Whereas, The said states desire to enter into a compact with
each other providing for the planning and establishment of
regional educational facilities; now, therefore,

In consideration of the mutual agreements, covenants and
obligations assumed by the respective states who are parties
hereto (hereinafter referred to as "states"), the said several
states do hereby form a geographical district or region
consisting of the areas lying within the boundaries of the
contracting states which, for the purposes of this compact, shall
constitute an area for regional education supported by public
funds derived from taxation by the constituent states and derived
from other sources for the establishment, acquisition, operation
and maintenance of regional educational schools and institutions
for the benefit of citizens of the respective states residing
within the region so established as may be determined from time
to time in accordance with the terms and provisions of this
compact.

The states do further hereby establish and create a joint
agency which shall be known as the "Board of Control for Southern
Regional Education" (hereinafter referred to as the "board"), the
members of which board shall consist of the governor of each
state, ex officio, and four additional citizens of each state to
be appointed by the governor thereof, with the advice and consent
of the senate, at least one of whom shall be selected from the
field of education, and at least one of whom shall be a member of
the legislature of that state. The governor shall continue as a
member of the board during his tenure of office as governor of
the state; but the members of the board appointed by the governor
shall hold office for a period of four years, except that in the
original appointments one board member so appointed by the governor shall be designated at the time of his appointment to
serve an initial term of two years, one board member to serve an
initial term of three years, and the remaining board members to
serve the full term of four years, but thereafter the successor
of each appointed board member shall serve the full term of four
years. Vacancies on the board caused by death, resignation,
refusal or inability to serve, shall be filled by appointment by
the governor for the unexpired portion of the term. The
officers of the board shall be a chairman, a vice chairman, a
secretary, a treasurer, and such additional officers as may be
created by the board from time to time. The board shall meet
annually and officers shall be elected to hold office until the
next annual meeting. The board shall have the right to formulate
and establish bylaws not inconsistent with the provisions of thiscompact to govern its own actions in the performance of the
duties delegated to it, including the right to create and appoint
an executive committee and a finance committee with such powers
and authority as the board may delegate to them from time to
time. The board may, within its discretion, elect as its
chairman, a person who is not a member of the board, provided
such person resides within a signatory state; and upon such
election, such person shall become a member of the board with all
the rights and privileges of such membership.

It shall be the duty of the board to submit plans and
recommendations to the states from time to time for their
approval and adoption by appropriate legislative action for the
development, establishment, acquisition, operation and maintenance of educational schools and institutions within the
geographical limits of the regional area of the states, of such
character and type and for such educational purposes,
professional, technological, scientific, literary, or otherwise,
as they may deem and determine to be proper, necessary or
advisable. Title to all such educational institutions when so
established by appropriate legislative actions of the states and
to all properties and facilities used in connection therewith
shall be vested in said board as the agency of and for the use
and benefit of the said states and the citizens thereof; and all
such educational institutions shall be operated, maintained and
financed in the manner herein set out, subject to any provisions
or limitations which may be contained in the legislative acts of
the states authorizing the creation, establishment and operation
of such educational institutions.

In addition to the power and authority heretofore granted,
the board shall have the power to enter into such agreements or
arrangements with any of the states and with educational
institutions or agencies, as may be required in the judgment of
the board, to provide adequate services and facilities for the
graduate, professional, and technical education for the benefit
of the citizens of the respective states residing within the
region, and such additional and general power and authority as
may be vested in the board from time to time by legislative
enactment of the said states.

Any two or more states who are parties of this compact shall
have the right to enter into supplemental agreements providing for the establishment, financing and operation of regional
educational institutions for the benefit of citizens residing
within an area which constitutes a portion of the general region
herein created, such institutions to be financed exclusively by
such states and to be controlled exclusively by the members of
the board representing such states provided such agreement is
submitted to and approved by the board prior to the establishment
of such institution.

Each state agrees that, when authorized by the legislature,
it will from time to time make available and pay over to said
board such funds as may be required for the establishment,
acquisition, operation and maintenance of such regional
educational institutions as may be authorized by the states under
the terms of this compact, the contribution of each state at all
times to be in the proportion that its population bears to the
total combined population of the states who are parties hereto as
shown from time to time by the most recent official published
report of the bureau of the census of the United States of
America; or upon such other basis as may be agreed upon.

This compact shall not take effect or be binding upon any
state unless and until it shall be approved by proper legislative
action of as many as six or more of the states whose governors
have subscribed hereto within a period of eighteen months from
the date hereof. When and if six or more states shall have given
legislative approval of this compact within said eighteen months'
period, it shall be and become binding upon such six or more
states sixty days after the date of legislative approval by the sixth state; and the governors of such six or more states shall
forthwith name the members of the board from their states as
hereinabove set out, and the board shall then meet on call of thegovernor of any state approving this compact, at which time the
board shall elect officers, adopt bylaws, appoint committees and
otherwise fully organize. Other states whose names are
subscribed hereto shall thereafter become parties hereto upon
approval of this compact by legislative action within two years
from the date hereof, upon such conditions as may be agreed upon
at the time: Provided, however, That with respect to any state
whose constitution may require amendment in order to permit
legislative approval of the compact, such state or states shall
become parties hereto upon approval of this compact by
legislative action within seven years from the date hereof, upon
such conditions as may be agreed upon at the time.

After becoming effective this compact shall thereafter
continue without limitation of time: Provided, however, That it
may be terminated at any time by unanimous action of the states:
And provided further, That any state may withdraw from this
compact if such withdrawal is approved by its legislature, such
withdrawal to become effective two years after written notice
thereof to the board accompanied by a certified copy of the
requisite legislative action, but such withdrawal shall not
relieve the withdrawing state from its obligations hereunder
accruing up to the effective date of such withdrawal. Any state
so withdrawing shall ipso facto cease to have any claim to or
ownership of any of the property held or vested in the board or to any of the funds of the board held under the terms of this
compact.

If any state shall at any time become in default in the
performance of any of its obligations assumed herein or with
respect to any obligation imposed upon said state as authorized
by and in compliance with the terms and provisions of this
compact, all rights, privileges and benefits of such defaulting
state, its members on the board

Note: WV Code updated with legislation passed through the 2016 Regular Session
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